If you have ever thought about challenging the covenants, conditions, and restrictions in your homeowner’s association agreement, you might want to think twice. World-famous music artist, R. Kelly recently dropped his legal challenge to his CC&Rs. Read the full details here at courttv.com.
Kelly’s lawsuit concerned a guardhouse that he had built on his property. The structure was built without proper permits, without the homeowner’s association’s consent, and apparently, in violation of the CC&Rs.
The homeowner’s association likely demanded Kelly remove the guardhouse from the property, which Kelly responded to with a lawsuit claiming an exception to the CC&Rs. Without knowing the precise contents of the CC&Rs, it is impossible to determine whether Kelly would have prevailed in court. However, assuming Kelly likely has competent legal counsel, the decision to drop the suit probably came after realizing that even “‘a nationally known, Grammy Award-winning recording artist'” must abide by the rules.
It is interesting to note that the story indicates that Kelly has also agreed to pay the community (perhaps directly to the homeowner’s association) a sum of money to compensate for attorney’s fees and code violation fees. Kelly’s actions of tearing down the guardhouse, dropping the suit, and paying monetary damages were likely done as a part of a settlement agreement with the homeowner’s association in the association’s lawsuit against Kelly.